Scholars Gather for Constitutional Structure Roundtable at NDLS

Published: March 20, 2012

The second annual roundtable conference of the NDLS Program on Constitutional Structure took place March 23.

Organized by Professor Jennifer Mason McAward, the theme of this year’s program is “The Reconstruction Amendments and Constitutional Structure.” This Conference brought together leading scholars of Constitutional Law in the United States, including Notre Dame faculty members, to discuss their important work on the Reconstruction Amendments to the Constitution of the United States—a topic of enduring importance in the U.S. federal system.

The Conference began at 9 a.m., when Professor Ellen Katz of the University of Michigan Law School will presented her paper, “The Waning Resistance to Federal Anti-Discrimination Law,” with commentary from Professor Darrell Miller of the University of Cincinnati Law School (visiting at Duke Law School).

The conference followed a similar format for the rest of the day, considering several other important papers:

“Completing the Constitution: The 14th Amendment” (Michael Zuckert, University of Notre Dame Department of Political Science)

“The Fourteenth Amendment, National Citizenship, and the Unconstitutionality of Secession” (Daniel Farber, University of California, Berkeley School of Law)

“Two Cheers for a Unitary Enforcement Power” (Calvin Massey, University of California, Hastings College of the Law)

“The Thirteenth Amendment, the Power of Congress, and the Shifting Sources of Civil Rights Law” (George Rutherglen, University of Virginia Law School)

Professor McAward presented the final paper of the day, “McCulloch and the Thirteenth Amendment,” at 3:50 p.m. Professor Kurt Lash of the University of Illinois College of Law provided commentary.